At <strong>the</strong> meantime, small enterprise share is still low in <strong>the</strong> country’s export. Their capitalfacilities <strong>and</strong> productivity level are ra<strong>the</strong>r low than in large enterprises (large <strong>and</strong> mediumenterprise data are 63% <strong>and</strong> 48.8%).In <strong>the</strong> sectoral structure <strong>of</strong> <strong>SME</strong> trade <strong>and</strong> service are <strong>the</strong> basic fields. Around 71 % <strong>of</strong>small enterprises is service <strong>and</strong> trade ones <strong>and</strong> <strong>the</strong>y covers 54.7% <strong>of</strong> employment inentrepreneurial sphere.The main direction <strong>of</strong> Georgian development is <strong>the</strong> poverty reduction <strong>and</strong> economicalgrowth, which could not be achieved without supporting <strong>the</strong> capacity building in <strong>the</strong> rural <strong>and</strong>urban areas <strong>of</strong> Georgia, without assisting emerging small <strong>and</strong> family owned businesses through<strong>the</strong> knowledge <strong>and</strong> skills transfer, through creation <strong>of</strong> cooperation network among <strong>the</strong> tenants,business incubators <strong>and</strong> o<strong>the</strong>r supporting organizations. In this concern, development <strong>of</strong> <strong>SME</strong>sector is <strong>the</strong> main priority <strong>of</strong> country’s economical development. The most complicated statepolicy issue is <strong>the</strong> employment problem at <strong>the</strong> contemporary stage <strong>of</strong> <strong>the</strong> transitive period inGeorgia. Women who are more <strong>the</strong>n half <strong>of</strong> <strong>the</strong> population <strong>and</strong> labor recourses appeared in <strong>the</strong>worst condition.To eliminate poverty <strong>and</strong> unemployment is one <strong>of</strong> <strong>the</strong> priorities in Georgia at this stage<strong>of</strong> <strong>the</strong> market economy. 54.5% (according to <strong>the</strong> <strong>of</strong>ficial data <strong>of</strong> 2003) <strong>of</strong> <strong>the</strong> population wasbeyond edge <strong>of</strong> poverty. The women who are 53 per cent <strong>of</strong> <strong>the</strong> population are in a dreadfulsituation. Among <strong>of</strong>ficially registered unemployed people – 60 per cent are women. Also laborfeminist migration is fast increasing. Among those who left <strong>the</strong> country in search <strong>of</strong> a jobabroad (800.00) <strong>the</strong> number <strong>of</strong> women amounted to more than 40 per cent. 405.4.2. Legislation <strong>and</strong> steps <strong>of</strong> doing Business in GeorgiaRelevant institutional base has been created for <strong>SME</strong> development. Special Law on“Small Enterprise Support” as <strong>of</strong> 23 July 1999 determines <strong>the</strong> basic principles for <strong>SME</strong>development <strong>and</strong> assistance.Main Governmental Policies <strong>and</strong> Legislation1. Law on “Small <strong>and</strong> Medium Enterprise Support” (23.07.1999)2. President decree (No. 16, 26.01.2000) on “Creation <strong>of</strong> Small Enterprise CoordinateCouncil”3. President decree (No. 134, 08.04.2000) on “Provision <strong>of</strong> Centre for Small Enterprise<strong>Development</strong> <strong>and</strong> Assistance”4. President decree (No. 309, 22.06.2002) on “<strong>SME</strong> State Support Program for 2002-2004in Georgia”Every business operating in Georgia must be registered. Georgia’s Law on Entrepreneursdefines <strong>the</strong> following types <strong>of</strong> legal entities:• General Partnership• Limited Partnership• Limited Liability Company• Joint Stock Company• CooperativeAccording to <strong>the</strong> Law on Entrepreneurs, all businesses (except individual entrepreneurs)must register with a court. To register an enterprise, <strong>the</strong> entrepreneur must complete <strong>the</strong>following steps:• Compile <strong>and</strong> notarize <strong>the</strong> company’s founding documents2540 Nino Elizbarashvilli: Business Incubators in Georgia, National Study prepared for <strong>the</strong> ERENET Workshop held in2006 in Budapest.114
• Draft <strong>and</strong> notarize an application to <strong>the</strong> court (<strong>the</strong> application must include <strong>the</strong> name <strong>of</strong><strong>the</strong> company, <strong>the</strong> type <strong>of</strong> legal entity, its legal address, its business activities, <strong>and</strong>information on <strong>the</strong> company founders)• If <strong>the</strong> charter capital is in cash, obtain a bank statement showing that <strong>the</strong> cash has beencontributed to <strong>the</strong> business; if <strong>the</strong> charter capital is contributed in-kind, obtain adocument from an auditor attesting to <strong>the</strong> value• Pay <strong>the</strong> registration fee• Submit <strong>the</strong> documentation to <strong>the</strong> courtThe Court <strong>the</strong>n issues an Enterprise Registration Certificate. The “silence is consent”principle applies. If <strong>the</strong> court fails to ei<strong>the</strong>r register <strong>the</strong> business or formally reject itsapplication within a specified period, <strong>the</strong> business is considered registered. In such cases, <strong>the</strong>court must issue <strong>the</strong> registration certificate immediately upon request. The statutory time inwhich a court must make a decision has declined from 15 days in 1997 to <strong>the</strong> current fivecalendar days, in effect since May 2003. The World Bank’s Doing Business report has recentlynoted this important step taken by Georgia as a lesson for o<strong>the</strong>r countries:After court registration, <strong>the</strong> business must register with <strong>the</strong> Tax Department in <strong>the</strong>region in which <strong>the</strong> enterprise has its legal address. The enterprise submits <strong>the</strong> appropriate taxforms <strong>and</strong> <strong>the</strong> Tax Department completes <strong>the</strong> registration within five days. The enterprise is<strong>the</strong>n given an eight-digit tax code <strong>and</strong> a corresponding tax registration certificate. If applicable,<strong>the</strong> enterprise must also register as a VAT payer. At <strong>the</strong> same time as it registers with <strong>the</strong> TaxDepartment, <strong>the</strong> business must obtain a corporate seal, open a bank account, <strong>and</strong> submit itsbanking details to <strong>the</strong> tax agency.There are many factors hindering <strong>SME</strong> promotion: budget deficit, corruption,bureaucracy, hard tax system, obstacles from monopoly companies etc. The main burdens <strong>of</strong><strong>SME</strong> promotion are inefficient tax system, corruption <strong>and</strong> high level <strong>of</strong> contrab<strong>and</strong>. <strong>SME</strong> sectorcannot be developed without creation <strong>and</strong> implementation <strong>of</strong> strong government supportsystem or providing <strong>the</strong>m priority regime <strong>of</strong> support.The political changes brought about by <strong>the</strong> so called “Rose Revolution” enabled <strong>the</strong>establishment a new framework for <strong>the</strong> consolidation <strong>of</strong> national identity. The Governmentcommitted itself to restore territorial integrity <strong>and</strong> develop <strong>the</strong> country as a modern Europeanstate. One <strong>of</strong> <strong>the</strong> reform priorities <strong>of</strong> <strong>the</strong> Government is improving business environment. Theoutgoing Georgian Government issued <strong>the</strong> President Decree No. 61 on “Establishment <strong>of</strong> <strong>the</strong>Position <strong>of</strong> The State Minister on <strong>SME</strong> Field” as <strong>of</strong> 10 April 2004. The legal basis <strong>and</strong>infrastructural support in Georgia is <strong>the</strong> weakest among <strong>the</strong> three Caucasian countries. In thisconcern it is obvious that <strong>the</strong> Rose Revolution has already paved <strong>the</strong> way for elaboration <strong>of</strong> <strong>the</strong>coherent <strong>and</strong> transparent state policy for entrepreneurship.Objective <strong>of</strong> Government support policy:1) Simplify taxation, registration procedure, licence, account <strong>and</strong> report system for <strong>SME</strong>s2) Financial support (loans) <strong>and</strong> infrastructure creation3) Activities <strong>of</strong> control, supervisory, monitoring <strong>and</strong> legal institutions concerning <strong>SME</strong>sDuring <strong>the</strong> last two year in order to make <strong>the</strong> business environment more attractive forforeign direct investors, <strong>the</strong> Government made significant efforts improving several businessprocedures. As contradiction in some fields doing business became more difficult includingtraiding across boarded as well as in closing business. The Table below indicate <strong>the</strong> rankin <strong>and</strong>realtive changes.115
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1. SME DECLARATION AND WORKING GROU
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While comparing the BSEC and EU doc
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cooperation with the United Nations
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GENERAL ASSESSMENT OF THE BSEC WG O
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“Armenia's new law introduces a n
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(iii)Share of the labor force of SM
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The following data represents some
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RankDocuments for export(number)Tra
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• Industrial zones/Business incub
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3.1.4. FINANCING SMEsProf. Dr. Sela
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• the loan is secured with movabl
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3.1.4.3. Mutual and loan guarantee
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introduction of e-signatures, only
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The Code of Conduct for Civil Serva
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Trading Across Borders Enforcing Co
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as with all non-governmental organi
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Bulgarian SMEs obtain additional ca
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• Project BG 2004/016-711.11.04 -
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usiness is not approaching them oft
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• Romanian citizens are recognize
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The preparatory project of the NDP
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• To support participation in eco
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In 2004, the National Institute of
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Incubators host on average 11 SME,
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Programs. The program is implemente
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development instrument is extremely
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accounting standards, including med
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corporations and open held corporat
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promoting SME sector, cooperation w
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• for unemployed (micro credit)
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